Sr. No.213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1000-2019 (O&M)

Date of decision: 12th September 2025 ANJU @ ANJU KUMARI AND OTHERS .....…Appellants versus KULDEEP SINGH AND OTHERS .......Respondents CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. B.S. Mittal, Advocate for the appellants.

Mr. Kartar Singh, Advocate for respondents No.1 and 2.

Mr. Paul S. Saini, Senior Panel Counsel and Ms. Alisha Rai, Advocate for respondent No.3-United India Insurance Co. Ltd.

HARPREET KAUR JEEWAN, J.

1. The present appeal has been preferred by the appellants- claimants aggrieved against the quantum of compensation awarded by the Motor Accident Claims Tribunal, Sirsa (hereinafter referred to as ‘the Tribunal’), vide Award dated 16.08.2018.

2. Since the factum of the accident is not in dispute, the facts as recorded in the impugned Award, passed by the Tribunal, are not being reproduced herein for the sake of brevity.

3. The Tribunal had awarded the following compensation in the present case:-

Sr. No. Heads Compensation Awarded

1. Monthly income Rs.6,400/-

2. Annual income [Rs.6,400 x 12] = Rs.76,800/-

3. Deduction (1/4^th) [Rs.76,800 – Rs.19,200] = Rs.57,600

4. Future prospects @ 25% [Rs.14,400 + 57,600] = Rs.72,000/-

5. Multiplier of ‘14’ [Rs.72,000 x 14] = Rs.10,08,000/-

6. Funeral expenses, loss of love Rs.70,000/-

and affection, loss of estate

7. Total Compensation Rs.10,78,000/-

4. Learned counsel for the appellants-claimants contends that the following points have not been properly determined by the Tribunal while awarding the compensation:-

(cid:1)(cid:2) The income of the deceased has been treated as Rs.6,400/- per month, whereas, as per the Notification of the State of Haryana dated 02.03.2017, bearing No.I.R.-2/7083-7193, the minimum wages for a skilled worker were Rs.10,064/- per month and the minimum wages for an unskilled worker were Rs.8,280/- per month.

(cid:3)(cid:2) Consortium has not been awarded to all the claimants.

5. Learned counsel for respondent No.3-United India Insurance Company Limited, has not disputed the fact that as per the aforesaid Notification by the State of Haryana, the minimum wages for a skilled worker were Rs.10,064/- per month and the minimum wages for an unskilled worker were Rs.8,280/- per month, in the year 2017 when the accident took place. However, it is contended that the deceased was not a skilled worker.

6. Mr. Kartar Singh, Advocate has put in appearance and filed memo of appearance on behalf of respondents No.1 and 2, which is taken on record. He has raised the similar submissions, as raised by the learned counsel for respondent No.3-Insurance Company.

7. I have considered the aforesaid submissions and perused the evidence on record.

8. It is not in dispute that the minimum wages for an unskilled worker at the time of the accident were Rs.8,280/-. The claimants have not led any evidence to prove that the deceased was a skilled worker, as such, the income of the deceased is to be treated as Rs.8,280/- per month instead of Rs.6,400/- per month, as considered by the Tribunal.

9. It is further observed that the Tribunal has awarded a consolidated sum of Rs.70,000/- on account of “Funeral Expenses”, “Loss of Estate” and “Loss of Love and Affection”. This needs to be reworked. There are four claimants. However, the learned Tribunal has not awarded any amount towards “Loss of Consortium” for all the claimants. Therefore, the appellants-claimants are held entitled to an amount of Rs.40,000/- each (Rs.40,000/- x 4 = Rs.1,60,000/-) towards “Loss of Consortium (Spousal, Filial and Parental)” and Rs.30,000/- for Loss of Estate and Funeral Expenses.

10. In terms of the decision of the Hon’ble Apex Court in “National Insurance Company Ltd. vs. Pranay Sethi & Ors”., (2017) 16 SCC 680; “Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram & Ors”., (2018) 18 SCC 130 and “N. Jayasree & Ors. vs. Cholamandalam M.S General Insurance Company Ltd.”, 2021(4) RCR (Civil) 642, the compensation